[Adopted as Ch. III, Art. 2, Title 1, of the 1990 Code of
Ordinances]
A.
Every person having charge of any building or construction operations,
either as owner or contractor, shall remove or cause to be removed,
at the expiration of each working day, from any street, alley, sidewalk,
or other public place adjacent to such building or construction operations,
all earth, sand, gravel, dirt, mortar, stones, broken brick, shavings,
rubbish and all other litter that may have been deposited or accumulated
thereon as a result of such building or construction operations.
B.
No person engaged in excavation, repairs to structures or grounds,
or construction or having charge or control of such operations shall
deposit, or permit to be deposited, in any manner, upon the surface
of any street, alley, or other public place within the corporate limits
of the Town of North Brentwood either by placing, spilling, dropping,
or tracking from wheels of vehicles, or from the feet of animals,
or otherwise, any earth, clay, mud, sand, gravel, or other material.
If any such deposit occurs, every person whose duty it is under this
section to prevent such deposit shall promptly remove the same.
No person shall drive or move any truck or other vehicle within
the Town unless such vehicle is constructed or loaded as to prevent
any load, contents, or litter from being blown or deposited upon any
street, alley, or other public place. Nor shall any person drive or
move any vehicle or truck within the Town, the wheels or tires of
which carry onto or deposit in any street, alley or other public place,
mud, dirt, sticky substances, litter or foreign matter of any kind.
A.
Hedges, shrubs, trees, bushes, vines or any type of plants used as
a fence or property line separator shall be trimmed or pruned at regular
intervals so that branches or any part of the hedges, etc., shall
not extend into the vertical plane of any public paved walkway, even
when hedges are spread by wind or snowy weather.
B.
No fence, wall, terrace, structure, shrubbery, planting, tree or
other obstruction shall be permitted to grow on any corner lot in
a residential area at the intersection of public right-of-way at a
height such that the vision of motorists will be obstructed.
C.
No hedges, shrubs, trees, bushes, vines or any type of plants shall
be permitted to obstruct or interfere with the function of any hydrant,
water or gas meter, or any other public utility valve or any drainage
catch basin.
D.
Whenever the Mayor and Council find that there exists on any private
property within the Town conditions described herein, upon such finding
shall immediately serve upon the owner, agent, lessee or any other
person having supervision over such property a written notice describing
the premises whereon such obstruction exists, a statement of the particulars
in which the vision of operators of vehicles is obstructed, including
the steps necessary to correct such conditions, and an order directing
that such corrective steps be taken within a stated period of time.
E.
Any person who considers himself aggrieved by any order issued pursuant
to the authority of this section may, within 10 days of the receipt
of such order, petition the Mayor and Council in writing for a hearing
thereon; within 30 days from the receipt of such petition, the Mayor
and Council shall hold such a hearing after which it may either affirm,
modify or rescind the order. No official or agent of the Town shall
remove any obstruction or enforce any order issued hereunder until
after such hearing by the Mayor and Council has been held or until
after the time to petition for such hearing has expired without such
a petition having been filed.
F.
Upon the failure of any person to comply with the provisions of any
order issued hereunder within the time specified therein, the Mayor
and Council shall direct Town officials or agents to enter upon the
property whereon the obstruction is located and remove all or such
part of the obstruction as may be necessary to eliminate the traffic
hazard.
G.
All orders and notices issued by the Mayor and Council or any Town
official pursuant to the authority of this section shall be served
on the person to whom they are directed either by registered mail
or by personal delivery to such person. If such person is not known
to reside and cannot be found in the Town, such service shall be made
by publication of such order or notice once in a newspaper of general
circulation in the Town, and by posting the same on the premises in
a conspicuous manner. Service by publication and posting shall be
deemed to be made on the day of publication or posting.
H.
Whenever it is necessary for the Mayor and Council to provide for
the removal or elimination of any type of obstruction referred to
herein pursuant to the procedures prescribed above, they shall file
with the Town Treasurer a certified statement of the cost to the Town
of such removal or elimination, together with proof of service of
the notice above described. The cost of such removal together with
the cost of publication shall therefrom and thereafter constitute
a charge against the owner of said property and may be recovered by
the Council by appropriate legal action.[1]
[1]
Editor's Note: Original Section 3-2104, Repairing of Vehicles,
which immediately followed this subsection, was repealed 4-2-2007
by Ord. No. 2007-1 and 9-17-2012 by Ord. No. 2012-07.
[Amended 4-2-2007 by Ord.
No. 2007-1]
A violation of this article shall be a municipal infraction
with a fine of $100 for each offense.
